Clark & Fox

Insurance Law Blog

In Kerton v. Society Hill at Droyers Point Condo. Ass’n, the New Jersey Superior Court, Appellate Division examined a lawsuit arising from an accident at a condominium development. After responding to a medical emergency during a snowstorm, a police officer slipped on a snow-covered road, landing on her back and hitting her head on the… Read More

In Smith v. Brown, the Supreme Court of Bronx County, New York examined a motion for protective order regarding requests for admissions pertaining to the plaintiff’s Instagram account. The underlying case concerned a motor vehicle accident that purportedly resulted in serious injuries. The defendant served the plaintiff with requests for admission as to whether a… Read More

In Liberty Mutual Ins. Co. v. Selective Ins. Co. of America, the United States District Court for the Eastern District of Pennsylvania considered a demand for defense and indemnification of a lawsuit concerning an accident at a shopping center. An employee of a tenant was seriously injured after falling on a purportedly defective sidewalk outside… Read More

In Smerdon v. Geico Cas. Co., the United States District Court for the Eastern District of Pennsylvania examined an automobile insurer’s denial of an uninsured motorist claim. The claim concerned injuries sustained by the policyholder when she attempted to apprehend a robber of a store. Along with several other individuals, the policyholder chased the robber… Read More

In Pacificare Life and Health Ins. Co. v. Jones, the California Court of Appeal for the Fourth District reversed a trial court decision enjoining three recent regulations enacted by the California Insurance Commissioner with regard to the unfair claims settlement provisions of the state’s Unfair Insurance Practices Act. The first regulation at issue stated that… Read More

In Mt. Hawley Ins. Co. v. Tactic Security Enforcement et al., the United States District Court for the Middle District of Florida examined a claim for the defense and indemnification of two lawsuits against the policyholder security company, alleging inadequate security with regard to shooting incidents at a facility where the policyholder provided services. The… Read More

In Doerfler v. Federal Ins. Co., the Appellate Division of the New Jersey Superior Court examined lawsuits brought by a policyholder against two insurers with regard to the denial of claims for damage to a residence arising from Superstorm Sandy. In each case, the insurer had denied coverage based upon the policy’s surface water exclusion.… Read More

In Berg v. Nationwide Mut. Ins. Co., the Pennsylvania Superior Court examined a lengthy dispute arising from a first-party automobile insurance claim. After an accident, the initial damage estimate determined that the insured vehicle should be declared a total loss. The insurer subsequently concluded that the vehicle was repairable and directed a collision facility to… Read More

In Nationwide Life Ins. Co. v. Thompson, the Superior Court of New Jersey, Appellate Division, considered a dispute over life insurance policy proceeds. The subject policy had been cancelled for non-payment of premium after two notices and the expiration of a sixty-one day grace period. Shortly after receiving notice of the cancellation, the policyholder contacted… Read More

In Kurc v. All Star One, the Appellate Division of the New Jersey Superior Court analyzed a lawsuit arising from an accident at a cheerleading practice. While walking to meet her granddaughter at the end of the practice, the plaintiff stepped on a mat in order to avoid a child sitting on another mat in… Read More